REPORT ON 



Desecration of American Flag, 



SONS OF THE REVOLUTION, 






CONNECTICUT. 






c* 



A Report 

Read at the Annual Meeting 

of the 

Sons of the Revolution 

December 8, 1896. 






By 
FES » »W 



RECEIVED, 

JUN 8 1897 

To the Connecticut Society of the ^S^^^R-jfiuR 

Sons of the Revolution: 

Your Committee to whom was referred the subject of proper 
legislation in respect to the desecration of the National Flag of the 
United States beg leave to offer the following memoranda in report : 

Your Committee find that the subject has occupied more or less of 
the minds of the patriotic thinkers throughout the country during several 
years, and that there has been a great deal of anxiety to find some practical 
way of maintaining pure the Flag of our Nation from every disrespect. 

The Flag of the United States is peculiar in that it is made up of three 
bright and distinctive colors, and these colors in combination and ar- 
rangement become exceedingly attractive, and especially so to an enter- 
prising business man who is on the watch for something startling to 
assist in the sale of his wares. And the fact that the Flag is the Ameri- 
can Standard, and proclaims the advertised article as American, perhaps, 
also gives an additional advantage to the advertiser. For similar reasons 
the various political parties, and the political candidates, make free use 
of the Flag, which they decorate with their names, and the objects for 
which they are reaching. These things, and these uses of the National 
Flag, have grown and have become common as the country has developed. 
The progress of this misuse has progressed, the people not knowing or not 
heeding it unrebuked, until those who have so offended have come to think 
there has been no harm done. Now, that there has been expressed a 
desire for the stoppage of this misuse, there arises considerable difficulty 
for securing for the subject a full and proper consideration. Bills have 
been introduced into Congress to prevent the desecration of the Flag 
since January 7, 1880, when a Bill for that purpose was presented to the 
House of Representatives by Mr. Barbor. On the 24th of May, 1890, 
the House Committee on the Judiciary reported a Bill which, after con- 
sideration, passed the House, and was sent to the Senate, but no action 
whatever appears to have been taken upon it in that body. There are 
now four bills before Congress respecting the Flag. Two of these bills 
relate primarily to the arrangement of the stars in the field of bine, one 
being that of Mr. Cockrell (S 2533), introduced March 16, 1896. and the 
other introduced by Mr. Sherman (S 2717) on April 2, 1896. The other 
two bills are substantially the same and relate to the desecration o( the 
Flag, one being presented to the Senate by Mr. Hansbrough (S ! 
icSo5, and reintroduced by him (S 255) December 3, 1S05. The other bill 

was presented to the House by Mr. Linton (ll R 884) December 9, 1895. 
As respects objections there are two that at once present theinseh \ 



V 



The Patent Office has up to this time granted twenty-five (25) trade 
marks in which the American Flag forms an essential feature, and since 
the 1st of July of the present year there have been filed in the Patent 
Office six (6) designs in which the Flag is a part. If the bills before Con- 
gress should be adopted it would necessitate a change in the laws re- 
specting trade mark and copyright. The other objection can be stated 
in the words of Senator Hoar, of Massachusetts, who writes, *' I took up 
that matter with a very earnest desire for some legislation. But as we 
reflected on the different plans which were brought to our attention, and 
made our own suggestions, the difficulties multiplied. I am afraid that 
the great political parties of the country would not consent that the prac- 
tice of hanging out the Flag w r ith the names of the candidates attached 
should be abandoned." 

Your Committee are of the opinion that in no other county of the 
world would the use of the national emblems and the national flag be 
permitted for any such purposes, 3'et we must bear in mind that few or 
no other national standards present such advantages, although man}' 
other people use a tri-color. The question naturally comes, as to the 
reasons why such uses have been permitted. 

Prior to the Civil War there was comparatively but little display of our 
National Flag, except upon festive occasions, and even then, its exhibi- 
tion was almost wholly upon public buildings. Doubtless, the advertiser 
of those days may have made use of it from patriotic motives, while at 
the same time he may have believed that it was also for his own best 
interest. We are inclined to think that, perhaps, such use of the Flag 
in those times did contribute towards patriotic sentiment, but it would 
scarcely have any such effect at the present time, for the idea and senti- 
ment of the entire people have undergone a complete change. 

At the commencement of the Civil War, after the shot was fiied upon 
Sumter, all at once the people of the Northern States of the Union dis- 
covered that there was an American Flag, and towns and villages, cities 
and country hamlets blossomed full-bloom with a most gorgeous display 
of the Red, White and Blue. Since then the country and the people 
have made more of the American Flag, and to day we see it ewrvv 

On May 29, 1888, a Pennsylvania Council of the Junior Order of 
American Mechanics presented a National Flag to a public school. We 
believe this to have been the first presentation of the kind in this coun- 
try. This incident has led to great results, and has had a most wonder- 
ful influence extending throughout the country. Similar presentation! 

followed by other Councils of this Society, and other bodies took up the 
idea, so that school after school became the recipients of Flags. ] 

presentations were usually accompanied with patriotic and his - . 

dresses, bringing out and developing a fund o\ fact, feeling ami inf. 
tion that has sei ved to evolve a love for the Flag and for the country of 
tin- Flag, its institutions of liberty, that, perhaps, could not fa 
accomplished so successfully in any other way. 



These presentations of Flags to public schools have been foil* 
naturally by the recognition of the Flag itself by teachers and pupils as 
a proper adjunct to the school apparatus, and there have since arisen in the 
schools certain forms and ceremonies that are observed more or less by 
all, so that the reception and the salute to the Flag have become features 
of interest, in many schools very beautiful and impressive. These forms 
and ceremonies are a positive profit, give patriotic instruction to the 
children which they carry into their future lives, and to their present 
homes, the Flag is held in honor and the Country is thereby Btrengthi n< d. 

Following on b} 7 natural development, there has come the recogni- 
tion of the Flag as an educational factor by the legislative bodies of many 
States, and this has shown itself through the enactment of certain laws 
authorizing the erection of flag poles and Flags on public school houses, 
and then requiring such displayed during school hours. California, it is 
said, was the first to place such a law upon her statutes; now nearly i 
one of the Northern States have passed such laws. It is the opinion of 
your Committee that similar laws would benefit the states who have not 
yet legislated on this subject, and the3 r believe that similar legislation 
ought to be had in every State, North, South, East or West. 

The exhibition of the Flag upon the school houses has by no means 
satisfied the American people. Another step in advance has been taken. 
It has been the custom on special occasions to display prominently for- 
eign flags, sometimes beside the National Emblem, but often to the ex- 
clusion of the American Standard. The American people have declared 
that when a foreigner determines to cast his lot among our people, he 
OUgbt to leave his foreign nationality behind him and become wholly an 
American citizen, and the demand was made that no foreign flags 
should be displayed on public buildings at any time, except under extra- 
ordinary circumstances. Several legislative bodies have so decided, and 
now the public buildings exhibit no foreign flags at all. 

Legislation respecting the Flag is not very voluminous. Cong] 
has contented itself to the simple adoption of the National Ensign. The 
first bill creating the Flag for the United States was a short " E 
in the Continental Congress which was adopted on June 14, 1777. The 
second was a bill in the first Congn BS "An Act Making an Alteration in 
the Flag of the United States." changing it so as to have fifteen (15) 
stripes and fifteen (15) stars The third was "An Act to Establish the 
Flag of the United States," which became a law on April iS. [8 1 8. This 
is the extent of our National legislation OH the subject, if we excepl 
tain Acts, one in April and the other in August. 1799, authorizing the I 
dent to prepare a Flag for the United Stat QUC Service, and & 

resolutions for the loan of II IgS and buntinj 

for th vation of Hags taken by the armies and n.' 

the United States in batth 

Tli Lg was prepared f imittee of 

of General George Washington, Rob, Mrs. 

. ROSS, a niece by ma,: named member of the cum- 



mittee. These gentlemen called upon Mrs. Ross at her house, No. 239 
Arch Street, in the City of Philadelphia, and presented a rough sketch 
that they brought with them which had been drawn by Washington. In 
the sketch all the stars were six-pointed. Some one has said or written 
that a six-pointed star wis English, that it had special reference to the 
spurs of ancient English knighthood. Mrs. Ross objected to the six- 
pointed star and remarked that a five-pointed star would look better, and 
taking a bit of paper she folded it and with her scissors with one cut pro- 
duced the star she wished. The sketch was redrawn and from it the 
Flag was made. Now as to the time of this incident. On May 21, 1776, 
Washington was at New York. On that day he received from John 
Hancock, President of Congress, a note asking him to come to the City 
of Philadelphia to consult with Congress, and he left that afternoon, ar- 
riving in Philadelphia about two o'clock on the afternoon of the follow- 
ing day. On the 23d and 24th he was present in Congress. He left the 
city June 6th and arrived in New York on the 10th. The account says 
that the committee visited Mrs. Ross in May. This seems to be the only 
time possible, for Washington was not in the City on an}- date but this, 
that would suit the incident, although he was there the year before when 
he was appointed from his seat in Congress by that bod}' to the supreme 
command of the Arm}*. The order for the original Flag, then, was un- 
doubtedly given between the 23d of May and the 1st of June, 1776. The 
Flag was made, presented to the committee, it is said, in June, but for 
some reason that does' not appear it was not adopted until the 17th of 
June, 1777, one year from the time of its preparation. The origin of the 
Flag seems to be surrounded in mystery. There exists absolutely no lit- 
erature on the subject, either in the shape of letters, bills, orders or mem- 
oranda. Mr. Canby says that his grandmother's family have absolutely 
nothing, and neither he nor other members of the family can account for 
it but probably Mrs. Ross herself destroyed all these old business papers 
esteeming them of no value whatever to her family. There are a number 
of flag papers and patterns that belonged to Mrs. Hannah Knox which 
.lie of Later date that appear to be the only documents of the kind extant. 
A poem in the Massachusetts S&y, of March 10, 1774. has in it a line, 

" Tlie American Ensign now sparkles a star." 
This is pointed to as the lust suggestion of a Star in connection with 

ili- Flag, in 1775, the Philadelphia Troop of Light Horse (City Troop) 

a banner presented to them, consisting of thirteen stripes. This 

banner is still preserved in the armory at Philadelphia. Th thing 

ie united. There was evidently little 
or d ption, Mr. Canby is ^( the un- 

ion that the Flag was in constant use prior to its adoption, ami that 
on tin- date given, it occurred t.> some \\\^:. t the 

mally ad ipted an 1 a resolution wai 
it comment 



It is interesting to note in passing that the house where Betsy Ross 
lived and where the first Flag was made is still standing on Arch St 
in Philadelphia. The time of the erection of this little house is not 
known. There have lately been published several articles in which it is 
said the bricks used in its building were brought over from Europe in 
the ship, Welcome, and that the house itself was constructed under the 
immediate supervision of William Perm, but there is no warrant for the 
story, whatever. It is a remarkably old building, and except a frame 
kitchen that has been added, is the same as when Bets}' Ross occupied it. 
The heavy shutters are joined with handmade nails, and hinged with hand- 
made screws, and seem to be as strong to-day as when they were hung. 
In the little back parlor is a fireplace, with its old blue tiling and oak man- 
tle and in the corner of the room is a corner-closet that shows the marks 
of age. The floor is of heavy timber, but it has become very rough and 
uneven. The property is in the possession of a German family named 
Mund, and the)- have held it for man}' years. Attempts have been made 
to purchase it, convert it into a museum, or transfer it to Fairmont I 
Some years ago, the Jr. O. U. A. M. proposed to buy and an examination 
was had of the title, which was found to be defective. All attempts to 
purchase have failed. 

John Ross, the husband of Betsy Ross, was the son of the Rev. .-Eneas 
Ross, an Episcopal clergyman, who was assistant at Christ's Church, and 
rector of Old Trinity (Oxford), Philadelphia. lie was an upl 
and he and his wife learned the business from one Webster, who had 
considerable reputation at the time in that particular line. John Ross 
and his wife began business on their own account in Chestnut Street, 
but afterwards moved and occupied the house on Arch Street, where the 
Flag was made. With some other young men, John Ross was eng 
on one of the wharfs in guarding military stores, and while in th< 
formance of this duty he met with an accident that resulted in his 
death. He was buned in Christ Church Grave Yard January 20, : 
His wife was left a widow at the age of twenty-four (24) years. The 
Munds have in their store an oil painting of Betsy ROSS, but there is no 
reliable and authentic picture of her, form vet painted. This 

picture represents her as a woman of middle age of coarse In 

1893, the artist, C. II. Weisgerber, | to paint a picture <>f B 

Ross exhibiting the Flag to the committee. He ma etch and 

showed it to Mr. Canity. He b 3 looking like a wom 

fifty, with a distinctly German face. Mr Canbv told him that it 9 
not do, that she was at the time quite a yo and he u 

it. At 1I1 ion of the artist | ' 

daughters and members of the family at or near hei >m all 

these feces combined, Mr. Weis 
in his beautiful picture. 

Tl. • ; [777, .'md on the f >llo* 

in the old Swede's Church (Gloria Dei) Betsy Rosa 
Captain Ashburn, \ 



8 

and died a prisoner in Mill Prison, in England, on March 3, 17S2. John 
Claypole, also a prisoner, who had fought and was wounded at German- 
town, nursed Captain Ashburn through his sickness, and received from 
him his dying messages to his wife. After peace was declared, Claypole 
was released and came home bringing the intelligence of Captain Ash- 
burn's death. 

On May 8, 1783, Elizabeth Ashburn and John Claypole were mar- 
ried. They joined the Free Quakers. Claypole died of paralysis August 
3. 1817, leaving four daughters. One of these daughters, Mrs. Clarissa 
11, and her mother continued the manufacture of Flags for the gov- 
ernment, and the business was continued after the death of Mrs. Clay- 
pole until the year 1857, when it was given up for conscientious rea 
Mrs. Wilson feeling it to be wrong to make Flags for ships of war, al- 
though Flags were made for some time for the merchant service. 

Mrs. Claypole died January 30. 1S36, and was buried in Mount Mo- 
ri ah Cemetery. 

The second name worthy of record in connection with the American 
Flag is that of Captain Samuel Chester Reid, who was born at Norwich, 
Conn., August 25, 17S3. He went to sea at the early age of eleven 
years, and was captured by a French privatrer, and for six months was 
a prisoner at Basseterre. On his release he became an active midshipman 
on board the United States ship, Baltimore, of Commodore Truxtun's 
fleet in the West Indies. On the breaking out of the War of 1S12, he 
commanded the privateer Gen. Armstrong, with which he fought one of 
the most remarkable naval battles on record in the port of Fayal on 
September 26 and 27, 1814. His force was 7 guns and 90 men. He was 
attacked by the boats of the Plantagenet, 74 guns ; the Rota, 44 guns, 
and the Carnation, 18 guns. Reid succeeded in thoroughly disabling and 
defeating the enemy, and finally scuttled his own vessel to prevent her 
capture. Reid's loss was two killed and seven wounded. This attack in 
a neutral port led to diplomatic correspondence, but the arbitration of 
Louis Napoleon decided against the Americans. The effect of this action 
undoubtedly gave Gen. Jackson the victory at N\ 5, for the 

British fleet was on its way to reinforce the British forces operating 
against that city. 

Capt. Reid was appointed a sailing master in the United 

and served in that capacity until his death. lie was warden oi tlu 

w Ynik. and he invented tl-.e signal tel< giaph which was set np at 
Sandy Hook, the Narrows, ami the Battery and he 1. num- 

I the pilot boats running cut of New York. 

Tlu- i u 1 called for some change in the National Stan- 

dard. When Vermontand Kentucky were annexed to the Union, two stripes 

l ;<> tin Flag and two additional b1 
of blue. Nev. ! came into the Union, and thea 

• the situation, propositions we- entire change, and 

intro luction of new devices, and a great deal of feeling was mani- 



fested. Peter H. Wendover represented in the house one of the New- 
York districts, and to him in association with Captain Samuel Chester 
Reid, we are indebted for our present Amertcan Flag. It is said that Capt. 
Reid suggested the return to the original thirteen red and white alter- 
nate stripes, and that they should ever keep in memory the beginning of 
the American Union with thirteen independent States, and that the field 
of blue should contain one star for every state in the Union, to be placed 
there upon the Fourth of July next succeeding the admission of th< 
State. On the adoption of the Wendover bill to ' ' Establish the Flag of 
the United States," Mrs. Reid, the wife of the Commander of the Gen. 
Armstrong, made a new Flag in accordance with the requirements of the 
Wendover bill, which was sent to Washington, arriving there on the 
1 2th or 13th of April, and it was raised over the house on the 13th, for the 
old Flag had been almost totally destroyed because of severe and violent 
storms. In this Flag the constellation of stars was arranged in the form 
of one large five-pointed star. It has been said that this particular Flag 
has only been raised upon that occasion, but we have not been able to 
verify the assertion. Mrs. Reid was a daughter of Nathan Jennings, of 
Fairfield, Conn. Capt. Reid died in the City cf New York on January 
28, 1S61. His funeral was from Trinity Church, and the states 

Marines from the Brooklyn Navy Yard escorted his remains to their last 
resting place at Greenwood. The historian, Los sing, says that " Capt. 
Reid was simple in his habits and manners, upright and honest in his 
ways. He was the chosen companion of many of the- best and most dis- 
tinguished American citizens, and his memory is sweetest to those who 
knew him best." 

The history of the American Flag is the history of the Nation, and 
there are many names that might be mentioned in connection with it, 
for there have been those who have carried it around the world, those 
who have penetrated with it into the icy regions of the' Arctic and Ant- 
arctic Circles, and those who have planted it upon foreign fortn 
those who have taken it to remotest regions, and who, under its pi 
tion, have accomplished great things to their own honor and also to the 
honor of their country. 

There is but one additional name that we propose mentioning here, 

for our story could hardly be complete without the name of Francis Scott 

a Baltimore lawyer. The War of (8l -' brought to this country an 

invading English Army under the command of General Robert Ross, and 

an English Fleet under Admiral Geoi -burn. The British had at- 

tacked the City of Washington, destroyed considerable property and de- 

ire the City of Baltimore, but in this attack they made 
an utter failure. 

Dr. William Beames wis a prominent and popular pfc 
siderable reputation, a member of one of the oldest Maryland families 

lite. 1! 

Marlborough, Prin< je County. The attack on Wash- 

enrred on August 24, 1S14, and Admiral Cockbum'fl Beet was at the 



IO 

m mill of the Patuxent River. One September afternoon a party of 

Britisl i from the squadron visited and were entertained by Dr. 

they may have talked too freely. They returned 

about midnight, compelled the doctor to rise from his bed, and hurried 

him off to the British ships, hardly giving him time to properly clothe 

t he left the house without either his wig or his spectacles. 

evening of the day that the British fleet was moving down 

the Potomac, Mr. Richard West arrived in Baltimore, and at once went to 

the house of Mr. Francis Scott Key with the information that his friend, 

Dr. Beames, was a prisoner on board one of the British vessels, that he 

was closely guarded, his friends were not permitted to see him, and his 

e peremptorily refused. Finding their efforts unavailing, his friends, 

alarmed for his safety, advised Mr. West to hasten to Georgetown, see 

Mr. Key and request him to obtain the sanction of the government to 

his (Mr. Key's) L;oing on board the Admiral's ship under a flag of truce 

and endeavor to obtain the release of Dr. Beames. 

Mr. Key readil}' agreed to undertake the mission, and the President 
promptly gave his sanction. Orders were at once issued to the vessel 
usually employed as a cartel in the communication with the fleet in the 
Chesapeake Bay to be read}- without dela}', and Mr. John Skinner, who 
was the government's agent for flags of truce and exchange of pris 
and who had become known to the officers of the fleet, was directed to 
accompan}' Mr. Key. 

Chief Justice Roger B. Taney, who married a sister of Francis Scott 
Key, writes from Washington, in 1856, to Mr. H. V. D. Jones, as follows : 

" They found the British fleet at the mouth of the Potomac River, 
preparing for the expedition against Baltimore." They •• were court- 
eously received by Admiral Cockburn and the officers of the army and 
navy, but when he made known his business, his application was re- 

d SO coldly that he feared it would foil. However, after a goo-' 
of conversation, they consented to release Dr. Beames, but Mr. Key was 
at the same time informed that neither he nor anyone else would b< 
mitted to leave the fleet for some days, and they must all be del 
until the attack on Baltimore, which was then about to be made, was 
over ; but they assured him he and Mr. Skinner shoul COm- 

ble as possible, and that they would be well tak m the 

commanded by Sir Francis Cockburn 
. and to this frigate they wei t had 

led the Patapsco River. Admiral Cockburn shifted his flag to the 
Surprise, and Mr. Key and Mr. Skinner ami Dr, Beames ent on 

I their own vessel, with a guard <>;' marines to prevent tl 
landing. They thought thee tunate in I 

m which en listinctly the Flaj McHenry 

from the deck of their vessel. Mr. Key then p led with much anima- 

tion I 

■ ery shell 
oment it was first Bred until it fell, Listening with breathless inter- 



II 

est to hear the explosion that followed. While the bombardment con- 
tinued it was sufficient proof that the fort had not surrendered ; but it 
suddenly ceased, sometime before day, and as they had no communica- 
tion with any of the enemy's ships, they did not know whether the fort 
had surrendered or the attack upon it had been abandoned. They paced 
the deck the rest of the night in painful suspense, watching with intense 
anxiety for the return of day, and looking every few minutes at their 
watches to see how long they must wait for it. As soon as it dawned 
and before it was light enough to see objects at a distance, their glasses 
were turned to the fort, uncertain whether they should see the Stars and 
Stripes or the flag of the enemy. At length, light came and they saw that 



' ' Our Flag was still there.' 



11 At length he was informed that the attack upon Baltimore had failed 
and that he and his friend would be permitted to leave and go where they 
pleased. 

' ' He then told me that under the excitement of the time he had 
written a song and handed me a printed copy of the ' Star Spangled 
Banner.' I asked him how he found time in the scenes he had passed 
through to compose such a song, and he said he had commenced it on 
the deck of their vessel on the fervor of the moment, when he saw the 
enemy hastily retreating to their ships and looking at the flag he had so 
anxiously watched as the morning opened, that he had written some lines 
on the back of an old letter which happened to be in his pocket, and that 
he finished it on the boat on his way to the shore. He said that on the 
next morning he took it to Judge Joseph Hopper Nicholson, and asked 
him what he thought of it, and that he was so much pleased with it, 
that he immediately took it to the printer, and directed copies to be 
struck off in hand-bill form, and that he (Mr. Key) believed that it had 
been favorably received by the Baltimore public. Judge Nicholson and 
Mr. Key are brothers-in-law, Mrs. Key and Mrs. Nicholson being sisters. 
The judge was a man of cultivated taste, and had at one time been dis- 
tinguished among the leading men in Congress, and was at the period 
of which I speak, Chief Justice of Baltimore, and one of the Judj 

the Court of Appeals of Maryland. Notwithstanding his judicial char- 

which exempted him from military Sendee, he accepted the command 
of a volunteer Company of artillery which formed part of the -im- 
port Mc Henry during the bombardment. The judge, relieved from duty, 

had returned to his family only the night before. Mr. Key showed him 

mg and you may easily imagine the feelings with which at thai 

ment he read and ;.-a\ it to the public. It was no doubt, as Mr. Key 

modestly expressed it, favorably received. In less than an hour ai 
was placed in the hands of the printer, it was all o\\ 

enthusiasm and took- it^ place 



12 

This BOng was put into type by Samuel Sands, a boy of [8 year- in 
the employ of Captain Benjamin Eede, wlio was absent with his com- 
mand at North Point, where Gen. Ross had attempted to land his forces. 
The BOng was fust sung in front of Capt. Kede's printing office, in the 
street, by James Laurenson, a boy of twelve years of age on September 
14. Charles Durang also Bang it in a restaurant next door to the Holli- 
day Street Theater and after that every night in the theater. The orig- 
inal draft of the words of this Bong is owned in Baltimore, by Mrs. Re- 
Uoyd Shippen, and the Colonial Dames of that city are preparing 
plans to the end of making the song by formal action a National Song. 

The State of Illinois was by no means satisfied with merely placing 
the Flag upon the public school buildings, but proposed to make it oblig- 
atory for all educational institutions to fly the National Standard above 
their heads while their schools were in session. The first section of the 
law adopted June 26, 1895, reads as follows : 

11 That it shall be the duty of all school directors and boards of edu- 
cation of all the public schools of the State, and trustees and boards of 
directors of all colleges and educational institutions of every description 
in this State, whether state, county, municipal, district, sectarian or pri- 
v at- .-. to provide United States National Flags of not less than four feet 

ight in size, and cause the same to be unfurled from a flagstaff to 
be placed on the top of all public schoolhouses, college buildings, and 
on all buildings used for educational purposes in this State, or by county, 
township, municipal, district, sectarian, corporation, or private authority, 
On each and every day when such schools, colleges and educational in- 
stitutions are in session from 9 ,\. If. to 4 P. If. in each and every \ 

oilier sections of the same act extend its operations to and 
all criminal institutions, reformatories, asylums, court h< 1 ap- 

propriates money for the purchase of Flags for such purposes. 

Section 4 provided for the punishment of offenses against the Act, 
and declared that the person offendis usa1 or neglect to carry out 

the provisions of the Act should be %t deemed guilty of a misdemeai 
and on conviction thereof be fined not less than $3 or more than 

if suit for each and everyday thai they shall so neglect on 

to comply with the provisions of the Act." 

The State University of Illinois, and Borne sectarian 
either fail* d or neglected to carry out the provisions of this Act 
was instituted in the Circuit Court of Champaign County, 
Francis M t, by the indictment 1 

Th in these courts of Illinois do not I filewritl 

opinions, but state their views iu open court. 

opinions .ire taken down by the court st 

th.it it is not held nee 

.1 full copy oftheopinion Of Jud ht in this case, but up to this 

time tin attempt has failed, although they 1 



13 

and to the court stenographer with reference to the subject. A letter, 
signed " W. M. P.," published in Harper's Weekly, of July n, 1896, 
gives the following as a part of the opinion of Judge Wright : 

"The Legislature has power, under certain limitations, to define 
what is and what is not a misdemeanor, what is and what is not a crime, 
but in so doing it must have for its object either the maintenance of the 
police authority of the State, or the health of the State. If the legisla- 
tion in that respect does not fall within some of these subjects, or kindred 
subjects, so that all would, at first blush, see, then the act declared to be 
a misdemeanor that does not fall within some of these definitions, or 
something akin to them, would not be a misdemeanor. So, in this case, 
I think, the Legislature has clearly made a mistake in declaring some- 
thing to be a misdemeanor that was never heard of before. ' ' 

It is worthy of remark that the greater institutions of Connecticut, 
Yale College, for instance, have no place for the displa}^ of the National 
Flag. It does seem as if it would be well to make some provision for 
this omission, and have the Flag placed where the students may see it 
during their college life. The recent erection of the Phelps Memorial 
Arch, which towers above all the other buildings on the campus, perhaps, 
affords a fitting place for a flagstaff, and for the floating of the " Stars 
and Stripes." 

In the State of California, the discovery of gold and the abundant 
production of the soil has been the cause for the gathering of large num- 
bers of foreigners, who united together in groups, preserving thereby 
their own nationality, language and customs. Associations were formed 
by them, some of which took a military character, including uniform, 
drill under arms and street parades, and on these occasions they were 
wont to carry the flag of their own nationality. This thing became ob- 
jectionable, so that on March 26, 1895, the California Legislature placed 
a statute on their books governing the case, and Gov. Budd issued from 
the Adjutant General's Office a circular, dated July 26, 1895 in reference 
to the matter, and which to-day governs all private military organizations 
in the State of California, that are not an actual part of the National 
Guard of the State. 

The following are the conditions under which an independent mili- 
tary company is permitted to exist in the State of California. 

First. That the oath of allegiance to the United States and State of 
California be taken by each member of such military company or organ- 
ization so drilling or parading. 

Second. That the said oaths be filed in the office of the Adjutant 
General of California, with an agreement hy the said organization that 
at any and all times when called upon to defend the government or up- 
hold the laws of the United States, or the State of California, or in 1 
of emergency, such military company or organization will place itself 
and its arms and equipments under the authority and control of the ex- 
ecutive power of the United States or the Commander-in-Chief of this 
State. 



14 

Third. That a copy of the constitution and by-laws of such mili- 
lization asking such License be first filed with and 

approved by the governor. 

rth. That no flag or insignia, except our National or State 
carried in the ranks of said military company or organiza- 
tion while th< rilling or parading with arms. 

Your Committee is not aware that there are any such stringent rules 

ce in any other State in the Union, although several States have some 

law ; i private military organizations, and the display of red or 

The organization of foreigners as foreigners 
shou d be discouraged, and this is especially desirable when such < 
ization assumes a military character. It is desirable that every person 
ling permanently in this country should be American, no matter in 
part of the world he may have happened to have been born, and 
th it every citizen should recognize the " Star Spangled Banner" as the 
only Flag of their allegiance, and of their protection. 

ir Committee has endeavored in the foregoing to give to the So- 
ciety some slight idea of what has been done, and what is being done to 
preserve our National Flay from disrespect, to honor it and to make 
it more precious to the people of these United States, not merely 
a symbol, but a reality — an expression of a real Union of our great 
country and of our one united people. The Flag is on exhibition 
every day in the year throughout most of the Northern States, and it is 
3eldom now that we see it displayed in an objectionable manner, as 
was too often the case sonn \ >. We think that measures should 

be taken to secure a similar display in the Southern States, for it has 
found that in proportion to the display of the Flag, so the National 
inst the sectional feeling has increased. It is to be hoped that 
with the full and free living of the Flag everywhere there may disappear 
from among the people every vestige of Sectional feeling, and that we 
may have One Country, One People, One Nationality, under One I 

and tint — the "Stars and Stripes," of the Revolution, the "Star- 
led Banner, " of the War of x8is, and the "Old Glory," of the 

; War. 

Y >ur Committee would like to see two bills prepared, one to ^o be- 
which should coverall questions relating to the honor and 
ct due the Flag, both in our own country and in th 

mporarily in foreign lands and also ils demand i 
Upon til • high seas. A second bill IS Suggested to be submitted to the 
i the Several States and which should provide ui; 

touching ail questions which ate purely state matters. 

Th aere undoubtedly an eai m - 1 the 

Ct Should be shown t \ .;. but tin 

a question as to what is and what is not disu>peet. Th. I 

many resolutions passed by the ancestral and patriotic 



15 

the newspapers and made public property, but Congress has as yet taken 
no action. Your Committee has had a large correspondence covering 
many of the States, and from among these letters they desire to call at- 
tention to an extract from one dated at St. Louis, Mo., on January 16, 
1896, from Gen. G. E. Dalton, commanding Comrades of the Battlefield. 
He says : 

"The Comrades of the Battlefield, being composed of those who 
served the Nation under fire, during the Rebellion, has passed no resolu- 
tion regarding National affairs. It passed its resolution when it resolved 
that the nation must be saved, in '61 to '65, and it leaves it to those 
who enjoy that nation to preserve it. 

"As far, however, as I am aware of the feelings of those who served 
under fire, who fought under the Flag of the Republic, they are almost 
unanimously of the opinion that the more the Flag is brought before the 
people, the more its representation is seen, the better. I think very few 
of them consider that the Flag is desecrated or the American Eagle is 
likely to lose a feather, from having the imprint of the same on any 
legitimate advertising, and I think it would be a sad day when the youth 
of the land should never see the Flag represented or in its proper form 
except when accidentally observed on some official document of the 
United States Government, or flying over some public building. * * * 
Doubtless, those who wore the blue, but who never smelled burnt gun- 
powder, would be very anxious to have the Flag secutely placed in a 
band-box, but I think } t ou will find very few of those who served a hun- 
dred or more days under fire anxious to restrict its use or exhibition. " 

There appears to be no law requiring the government officials of the 
several departments to display the Flag over or in connection with their 
offices, but this has been generally done without the sanction of law 
through circular letters issued by chiefs of departments and bureaus, 
and the American Flag is to-day found floating over almost ever}' gov- 
ernment building eveiy day in the year. 

There is no law respecting the lettering that is permissable on the 
face of the Flag. The War Department has a regulation respecting the 
placing of the names of the battles in which a regiment may have par- 
ticipated. The Grand Army of the Republic has the name of the post 
and its number on the Flags which they use. It has been the custom of 
late years in the presentations of the National Colors to societies and to 
organizations to [have the name of the organization, the date of pi 
tation, and the name or title of the donor. Years ago it was the COS torn 
of hotel proprietors to have the name of their house upon their Flag, but 
we seldom or never see it now. It does not appear that any of these in- 
scriptions would injure or desecrate the Flag, yet we believe there should 
be some definite rule and regulation covering these things. 

In conclusion, your Committee would recommend the preparation of 
the two bills, as has been suggested, and the presentation o\ t 
to the several state and national bodies of our own Society, and to the 
state and national bodies of other patriotic organizations as far as they 



i6 

can be reached, to the several State Legislatures and to Congress through 
their indorsement as far as it can be obtained. We believe in our Flag, 
and we believe that the more the Flag is exhibited and displayed the 
better it will be for the whole country, and that through it and its peace- 
ful exhibition there will be developed a purer Americanism and a more 
earnest love for the liberties that have been secured to us through so 
much sacrifice and treasure. 

All of which is respectfully submitted, 

HENRY BALDWIN, 

A. FLOYD DELAFIELD, 

ALEXANDER HAMILTON. 



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